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A BILL TO BE ENTITLED
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AN ACT
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relating to the advertisement of prices by persons selling motor |
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fuel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Transparency at the |
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Pump Act of 2023. |
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SECTION 2. Title 12, Business & Commerce Code, is amended by |
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adding Chapter 610 to read as follows: |
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CHAPTER 610. TRANSPARENCY IN MOTOR FUEL PRICING |
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Sec. 610.001. DEFINITIONS. In this chapter: |
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(1) "Merchant" means a person whose business includes |
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the sale of motor fuel through motor fuel dispensers to retail |
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customers. |
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(2) "Motor fuel" has the meaning assigned by Section |
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162.001, Tax Code. |
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(3) "Credit card" means an identification card, plate, |
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coupon, book, or number or any other device authorizing a |
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designated person or bearer to obtain property or service on |
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credit. |
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(4) "Debit card" means an identification card, plate, |
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coupon, book, or number or any other device authorizing a |
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designated person or bearer to communicate a request to an unmanned |
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teller machine or a customer convenience terminal or to obtain |
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property or services by debit to an account at a financial |
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institution. |
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Sec. 610.002. MOTOR FUEL PRICE DISPLAY REQUIREMENTS. (a) A |
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merchant shall display the price of the motor fuel mixtures sold by |
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the merchant with a prominent sign: |
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(1) on the motor fuel pump; and |
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(2) by the roadside adjacent to the merchant's |
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premises. |
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(b) A merchant shall visibly differentiate the price of the |
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motor fuel mixtures sold by the merchant to a retail customer paying |
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with: |
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(1) cash, a debit card, or a gift card; or |
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(2) a credit card. |
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(c) A merchant shall visibly display on the motor fuel pump |
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any difference between the price of the motor fuel mixture sold by |
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the merchant to a retail customer paying with cash and the price a |
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retail customer paying with a debit card, gift card, or credit card |
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would pay. |
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(d) A merchant that sells more than one grade of a certain |
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motor fuel may display the price of only the lowest grade of each |
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motor fuel sold. |
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Sec. 610.003. VIOLATION OF CHAPTER; DECEPTIVE TRADE |
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PRACTICE. A violation of this chapter is a deceptive trade practice |
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under Subchapter B, Chapter 17, and is actionable under that |
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subchapter. |
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SECTION 3. The change in law made by this Act applies only |
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to an advertisement or sale of motor fuel that takes place on or |
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after April 1, 2024. An advertisement or sale of motor fuel that |
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takes place before April 1, 2024, is governed by the law in effect |
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on the date the advertisement or sale of motor fuel took place, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |